motion and three days' notice in the court of which he is marshal or clerk. upon President to ap neys. Their oaths and duties. SEC. 31. There shall be appointed in each of the districts, by the President, a meet person, learned in the law, to act as attorney for the point district attor Confederate States in such district, who shall be sworn or affirmed to the faithful performance of his duty in office, and to support the Constitution; and it shall be his duty to prosecute, in such district, all delinquents for crimes and offences cognizable in such court under the laws of the Confederate States, and to prosecute or defend all civil actions in which the Confederate States shall be concerned, except before the Supreme Court, in the district in which that court shall be holden. And he shall receive as compensation for his services a salary of two hundred Compensation. dollars per annum, payable quarterly, and ten dollars per diem for every day that he is engaged in attending said court, together with such fees as shall hereafter be prescribed by law. And where there are three divisions in the district for which he is appointed, he shall be allowed mileage, at the rate of ten cents per mile, for going to and returning from the court which is most distant from his place of residence, to be computed on the most usual line of travel; and in case of the absence of such attorney from any term of the court, the presiding judge may appoint a fit person to act for him for the term. Mileage. When district attorney is absent, the judge may appoint a him for the term. fit person to act for sells real estate and direct his successor SEC. 32. Whenever a marshal shall sell any lands or tenements by When the marshal virtue of any process in his hands, and shall die, or in any manner go dies before making a out of office before making a deed to the same, the court to which the deed, the court may process is returnable may, upon written application and notice thereof to make the same. to the plaintiff and defendant, or their counsel, and upon a statement and proof of the facts, direct his successor to make the necessary deed therefor upon the payment of any purchase money or costs remaining unpaid. SEC. 33. In any civil case in any of the courts of the Confederate Security for costs. States, the plaintiff may, upon motion, be required to give security for the costs, upon such terms as the court by its rules may prescribe; and if he should fail to comply within the time allowed, the suit shall be dismissed at the next term, unless good cause be shown against it. And the said district courts shall have power, from time to time, to make all needful rules for the conduct and dispatch of business therein, not incon- duct and dispatch of sistent with the Constitution and laws of the Confederate States, or with business. the provisions of this act. Rules for the con debt, and providing relief for debtors in custody. SEC. 34. The laws of the several States abolishing imprisonment for State laws abolishdebt, and providing relief for debtors held in custody, shall take effect ing imprisonment for in favor of all persons held in custody for debt under the process of the federal courts of the Confederacy. SEC. 35. And be it further enacted, That the said district courts shall Exclusive cognihave exclusive cognizance of all crimes and offences cognizable under zance of crimes and the authority of the Confederate States, except where the laws of said Confederate States shall otherwise provide. offences vested in the district courts. juries. SEC. 36. The said courts, in term, shall have power to direct a grand Summoning and jury to be summoned and impanneled, whenever in its judgment it may manneling of grand be proper to do so, and at such time as it may direct. After such jury is impanneled the proceedings shall conform, as nearly as may be, to the law and practice of the court of the highest original criminal jurisdic- What law to govtion in the State where such district court is held. But no grand jury shall be summoned unless upon the order of the judge or court, and if made by the judge out of term, shall be in writing, under his hand and seal. SEC. 37. Until otherwise provided by law of Congress, the laws of the United States in regard to crimes and offences, and to the mode of ern their proceedings. Laws of the U.S. in regard to crimes and offences and the in force, and to form and decision in the practice in criminal procedure, practice and trial in all criminal cases, shall be in force and cases, declared to be form the rule of practice and decision in the district courts of the Conthe rule of practice federate States, and where there is no such law governing the practice, district courts of the then the rule and course shall conform as nearly as practicable to the practice established by law of the State court of highest original juriswhen there is no diction in which the said district court sits. And this provision shall Rules of evidence extend to the rules of evidence and mode of examining witnesses in and mode of exam- such cases. C. 8. What to be the rule such law. ining witnesses. Writs of error or SEC. 38. Writs of error or appeals to the Supreme Court of the Conappeals to the Su- federate States shall be allowed the accused in all cases in which the preme Court in criminal cases. punishment or penalty, upon conviction, is death or imprisonment in the penitentiary, in the same manner and upon the same terms as are allowed in the courts of highest original criminal jurisdiction in the State in which such district court is holden; and the remedy upon any bond given in such case, shall be the same as in the courts of the State from which Writ of error to such appeal or writ of error is taken. Such writ of error shall operate the execution of the as a stay to the execution of the sentence or judgment, upon the execusentence or judg- tion of such bond as may be required by the State law in similar cases; When the Supreme and if such sentence or judgment shall be affirmed, and the time for Court to give judg executing the same shall have passed, the Supreme Court shall give such Bentence, and a- judgment or pronounce such sentence as the law prescribes, and appoint place for its execu- the time and place for carrying the same into effect by the marshal of the court from which said writ of error emanated. operate as a stay to ment. ment or pronounce point the time and tion. In what civi' causes to have original cognizance. SEC. 39. The said district courts shall have original cognizance of all the District Courts civil causes of admiralty and maritime jurisdiction, including all seizures under the revenue laws or laws of navigation and trade of the Confederate States, when the seizures or cause of complaint arises on waters which are navigable from the sea by vessels of one hundred or more tons burden, within their respective districts as well as upon the high seas; Saving to suitors of saving to suitors in all cases the right of a common law remedy, where common law remedy. the remedy at common law is ample and complete. And said district as Courts of Admi- courts, as courts of admiralty, shall be deemed always open for the purrality, a'ways open pose of filing libels, petitions, answers and other pleadings, for issuing filing libels, etc. and returning mesne and final process and commissions, and for making all interlocutory orders or rules which may be necessary. District Courts, for the purpose of And Laws of the U. s. the laws of the United States and the rules of court in reference and rules of Court in the courts of the C. Admiralty cases to to admiralty proceedings in force in the admiralty courts of the United have full force in States of America, on the twentieth day of December, one thousand eight hundred and sixty, so far as the same may be applicable, and are not inconsistent with the constitution and laws of the Confederate States, are hereby continued in full force and effect in the courts of the Confederate States, until altered or repealed by law. Writ of error to the Supreme Court in civil cases. Limitat on. SEC. 40. Final judgments and decrees in civil actions, and final decrees in equity in a district court, where the matter in dispute exceeds in value the sum of five thousand dollars, exclusive of costs, may be reexamined and reversed or affirmed upon a writ of error in the Supreme Court, the citation in such case being signed by a judge of the district court or of the Supreme Court, and the adverse party having at least thirty days' notice. Writs of error shall not be brought but within two years after rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of [error] be an infant, femme covert, non compos mentis or imprisoned, then within two years, as aforesaid, exclusive of the time of such disability. And every judge signing Bond and security a citation or any writ of error, as aforesaid, shall take bond, and good to prosecute writ with and sufficient sureties, that the plaintiff shall prosecute his writ with efWhen writ of error fect, and answer all costs if he fail to make good his plea; and no writ of error shall operate as a supersedeas and stay of execution, unless such effect. to operate as a supersedeas. Clerk of the Supreme Oath and bond. His fees. on affirmance of bond be with sureties and of sufficient amount to secure the whole judgment, if it be affirmed, in addition to the costs. And the said court or the judges thereof, shall have power to appoint a clerk, Appointment of who shall take the oath prescribed for the clerks of the district Court. courts, and give bonds for the faithful discharge of his duty, in such amount as said court may direct, whose fees shall be the same as those now allowed to the clerks of the Supreme Court of the United States. SEC. 41. Where, upon such writ of error, the Supreme Court shall Damages allowed affirm a judgment or decree, they may adjudge or decree to the defend- judgment or decree. ant in error just damages for his delay, not exceeding ten per cent. per annum-but such damages shall only be given when it is manifest to the court that the appeal or writ of error was taken for delay-and all Execution in causes costs. The Supreme Court shall not issue 'executions in causes that are removed to the Suremoved before them by writs of error, but shall send a special mandate of error, to the district court to award execution thereupon, including lawful from the District costs accruing upon such appeal. preme Court by writ to issue Court. In what cases ap Supreme Court. No new evidence to be received. Appeals subject to SEC 42. From all final judgments or decrees which may be rendered in any district court in any cases of equity or admiralty and maritime peals allowed to the jurisdiction, and of prize or no prize, an appeal, where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars in equity, or of five hundred dollars in courts of admiralty and maritime jurisdiction, shall be allowed to the Supreme Court, and upon such appeal, a transcript of the libel, bill, answer, depositions and all Transcript of proother proceedings of what kind soever in the cause, shall be transmitted ceedings. to the said Supreme Court; and no new evidence shall be received in the said court on the hearing of such appeal; and such appeals shall be subject to the same rules, regulations, and restrictions as are prescribed the rules prescribed in law in case of writs of error; and the said Supreme Court shall be error. and hereby is authorized and required to receive, hear and determine such appeals: Provided always, That appeals or writs of error in any Proviso as to apcase to the Supreme Court of this Confederacy, from existing judgments peals or writs of eror decrees, may be taken under the same rules and regulations required judgments or decrees. by the laws of the United States for appeals or writs of error to the Supreme Court of the United States, existing at the time the said judgment or decrees were rendered. in case of writs of ror from existing Supreme Court to make rules for the SEC. 43. The Supreme Court shall have power from time to time to make all such rules and regulations as it may deem needful for the dispatch of cases. orderly and correct dispatch of cases not inconsistent with the rules of law, and this power shall extend both to original and appellate causes therein. In all cases in the Supreme Court where there is an equal division of opinion among the judges thereof, and the court is not full, there shall be awarded a re-argument before a full court. such division when the court is full, then the judgment of the court below shall be affirmed. Proceedings in cases in which the If there be vided in opinion. judges are equally di Original jurisdic Court. Exclusive jurisdic SEC. 44. The Supreme Court shall have original jurisdiction of all controversies of a civil nature where a state is a party, except between a tion of the Supreme state and its citizens, or citizens of any other state or nation. It shall also have exclusively all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their servants, as a court of law can have or exercise consistently with the law of nations; and original but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the Confederate States, shall be by jury, and it shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the princi- tion and man lamus. Trial by jury. Writs of prohibi In what cases writs of error allowed from ples and usages of law, to any courts appointed under the authority of the Confederate States. SEC. 45. Be it further enacted, That a final judgment or decree in the final judgments any suit, in the highest court of law or equity of a state in which a or decrees of the decision in the suit could be had, where is drawn in question the validity States to the Supreme of a treaty or statute of, or an authority exercised under the Confederate Court of the C. S; States; or where is drawn in question the validity of a statute of, or an highest courts of the gulations and with what effect. authority exercised under any state, on the ground of their being repugnant to the constitution, treaties or laws of the Confederate States; or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute or commission held under the Confederate States; in each of these cases the decision may be re-examined, and reversed or affirmed in the Supreme Court of the Confederate States, upon a writ of error, the citation being signed by any judge of the said Supreme and under what re- Court, in the same manner and under the same regulations, and with the like effect as if the judgment or decree complained of had been rendered or passed in a district court of the Confederate States; and the proceedings upon reversal shall be the same, except that the Supreme Court, instead of remanding the case for a final decision, may at their discretion, if the cause shall have once been remanded before, proceed to a final decision of the same and award execution. But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears in the face of the record, and immediately respects the beforementioned question of validity or construction of the said constitution, treaties, statutes, commissions or authorities in dispute. Assignment of er State. Fffect of judgmente SEC. 46. All judgments, orders and decrees made by any state court etc., of any State court rendered since since the date of the secession of such state, upon any subject or matter the secession of such which before such secession was within the jurisdiction of the courts of the Appea' or writ of United States, shall have the force and effect of judgments, orders and decrees of the courts herein established, with the privilege of either party to appeal or sue out a writ of error. error therefrom. etc., in suits pending trict Courts of the U. Transfer of records, SEC. 47. And be it further enacted, That all the records, papers, dockets, the same district. and district in which the same was pending; and the late clerk of said of said circuit court or district courts, or other person in whose custody said records, papers, dockets, depositions and judical proceedings may be, shall deliver the same to the clerk of the district court to which they may be transferred under the provisions of this act, and the same shall stand in the same plight and condition in which they were in said circuit and district courts respectively, and all previous orders therein made shall have the same effect. And the court to which said causes are hereby transferred shall proceed to hear and determine the same accordAlso of papers of ing to law, and all dockets, books, records, documents and papers of every kind pertain- kind pertaining to judicial proceedings in any of said courts, and ceedings in any of to suits heretofore decided therein, and all patents, deeds, records, books said courts and to and suits decided therein, papers pertaining to any land office which may by law have been or to any land office. deposited with the clerk of any of said courts or transferred to his office for safe keeping, shall be delivered to the clerk of the district court for the district in which such court is situated, and the same shall be safely kept and preserved by said clerk until otherwise provided by law. And copies of any such records or other papers made out by said clerk of the eords and papers district court and authenticated according to law, shall have the force and effect given to copies of other instruments of like character in such ing to judicial pro Copies of said re admissible in evidence. every years without prose fied judgments of the may be had thereon tion or otherwise. Suits in which U. 8. are plaintiffs to re in favor of the U. S. of the U. S., declared state, and be admissable in evidence in all cases in which copies are admitted as evidence in the courts of the Confederate States: Provided, Proviso as to suits That all suits which shall have been pending in any of said courts for pending for five the space of five years without prosecution shall be considered as aban- cution. doned, unless prosecuted within six months from the time of such transfer. And the judgments in all civil cases heretofore rendered in said Fffect of uns tiseircuit and district courts of the United States remaining unsatisfied, fruit and District shall have the same force and effect which they had before the secession Courts of the U. S. of the State in which said court is situated, and the same proceedings may What proceedings be had thereon in the district court of the Confederate States, by execu- in the District Court tion or otherwise, which might have been taken in the court in which of the C. S. by executhey were rendered at the time of their rendition. And where, under any such judgment of the circuit courts of the United States, any execution may have been in part executed by levy on property or otherwise, it shall be the duty of the marshal or officer in whose hands such execution and property may be, to turn over the same to the marshal of the Confederate States for the district in which such judgment was rendered, and to take his receipt therefor; and thereupon the said marshal shall proceed to dispose of the same according to the laws in force at the time such judgment was rendered, and pay over the proceeds to the party entitled. And new process shall be issued in such district courts when requisite; but all suits pending in said courts in which the United States are plaintiffs shall remain suspended, and no further proceedings main suspended.. shall be had therein until the independence of this Confederacy shall be Executions of all recognized by the United States; and execution of all judgments ren- judgments rendered dered in favor of said United States is hereby suspended, and all seizures likewise suspended. on executions heretofore made in behalf of the said United States are Seizures on execuhereby declared to be inoperative and void, and shall not be renewed tions made in behalf until recognition be made of the independence of this Confederacy as aforesaid. But this section shall be subject to such disposition of the causes therein provided for as has been made by the several States before the adoption of the Provisional Constitution, unless said States shall conform their legislation to the provisions in this act contained. SEC. 48. Where cases are now pending in the Supreme Court of the Transfer of causes United States upon appeal or writ of error, from any court of the States pending in the Sunow forming the Confederate States, it shall be lawful for the appellant U. S., upon appeal or or plaintiff in error, at any time within twelve months from the date, to Supreme Court of the dismiss such appeal or writ of error, and file a transcript of the record C.. and a copy of the bond for the appeal or writ of error in the Supreme Court of the Confederate States, and thereupon the same shall be considered in all respects as if it had been originally filed in the said Supreme Court of the Confederate States, and shall be heard and determined in said court according to the laws in force at the time said cause was determined in the court below, and the rights of the respective parties shall be the same as when said cause was taken up to the Supreme Court of the United States. And if such cause shall not be transferred in twelve months as aforesaid, then the judgment of the court from which the appeal or writ of error was taken shall be deemed final and in all things afirmed. And in case of such transfer, the bond given for the appeal or writ of error shall be and remain in full force in the court of the Confederate States; and in cases where the transcripts of the records have already been printed in the Supreme Court of the United States under the rules thereof, such printed copy, duly certified U. by the clerk of that court, may be filed in the Supreme Court of these Confederate States, and it shall not be necessary to have a new transcript made by the clerk of the court from which the appeal or writ of error was prosecuted. vold. Proviso. preme Court of the writ of error, to the If not transferred within twelve months Court below affirmed. the judgment of the Bond given for appeal, etc., to remain in force. Transcripts of records printed in the Supreme Court of the S., may be filed. |